The Executive: The Evolution of the Executive and its Current Organization
As with the legislative branch, the precise design of the executive branch is not detailed in the Constitution. Some argue--with reason--that today's executive branch bears little relationship to the one that existed when George Washington was president. From a small group of people with narrowly defined functions, the executive branch now has grown substantially and is composed of people who often have an aggressive vision of the role they should play in everyday life. This doesn't mean that there weren't individuals early on who wanted to expand the size of government. There were, notably Alexander Hamilton, if not the Federalists in general. They considered aggressive governmental involvement in the economy and land acquisition to be essential to fostering the prosperity of the country.
As this process has evolved, and occasional crises have occurred, the scope of governmental functions has expanded. To see an example of this, look at the nature of the institutions in the Washington Administration and compare it to the range of institutions that exist in the current administration. You might find this A-Z listing of agencies interesting, or maybe frightening depending on your political persuasion.
In this section we will trace the development of the executive branch as well as the development of the White House. The timeline below lists the major steps in the branch's evolution. As you can see, bit by bit the functions of the executive branch has expanded, largely due to the passage of laws which grant it new authority, generally in response to some event which led to a political push to grant it that authority. As the responsibilities of the office expanded, so did the pressures placed on the president, which led to the development of a larger White House staff that allows the president to manage these increased responsibilities. Despite attempts to constrict executive powers, its powers are still considerably greater than those granted to it in the early days of the republic.
1. Today's national executive branch is much larger than what existed when Washington was president. Provide an account of the factors which led to the increase in its size and functions.
2. One of the more important functions performed by the national government is management of the nation's economy. Detail the evolution of this process beginning with Hamilton's proposals and through the creation of the Federal Reserve System. The Fed has been criticized recently over its handling of the economy and proposals have been made for it to change how it oversees the banking system. What are these proposals?
3. The New Deal and Great Society were two periods of major expansion of national power. Describe each period. What factors lead to them? What were the precise accomplishments of each period? What criticisms are made of each?
4. Since health care reform is still in the news, detail the current state of the national government's role in health care. What reforms are being proposed? Why?
Email your answers to me by the due date on the syllabus The Expansion of the Executive Branch.
In the sections below I trace the evolution of executive power. This is a controversial topic since many argue, with good reason, that executive power in the United States has far surpassed what was originally intended by the authors of the Constitution. The idea that the powers of Congress are limited to only those delegated to it in the Constitution, plus the requirement that executives faithfully execute the laws, suggests that presidents can only do those things that it has been granted to do either in the text of the Constitution, or by congressional mandate. But as we have seen, there is some slipperiness in the language. An early proponent of strong executive power, Alexander Hamilton, argued for loose interpretations of the Constitution and the notion that the document implies that certain things can be done, even if specific language does not grant that power.
Steps in the growth of executive power:
- The Chief Clerk
- The Modern President
- An Imperial President
- The Post Modern President
- Post 9/11 ?
Mechanism for Presidential Power:
- A Bureaucratic Apparatus
- An advising system
- Media Technology
A Bureaucratic Apparatus
- Cabinet departments
- Bureaus
- Independent Agencies
- Government Corporations
A Key Source of Bureaucratic Power: Rulemaking
- How much discretion should the executive branch have in implementing the law?
Advising Systems:
- The Cabinet
- The Executive Office of the Presidency
- The White House Staff
Which are the strongest advisers to the president? Why?
Media Technology
- The Bully Pulpit
- The Fire Side Chats
- Television
- Communications Directors
- The Blogosphere
George Washington and the Early Executive
Aside from providing a model for the design of the singular executive as the presiding officer of the Constitional Convention, Washington was fully expected to be the first person to hold the office. After his unanimous selection by the electoral college, he had to determine what in fact a president was to do and what the protocol would be for the office. He oversaw the creation of the first three executive departments (War, State and Treasury), in addition to the establishment of the office of the Postmaster General and the Attorney General, and the addition of the Bill of Rights to the Constitution.
Since he was the first president he would set the precedence for how all other presidents woulc conduct themsleves in the office. Perhaps the most important precedent was the one established when he decided to step down after two terms in order to make it clear that the office was not a lifetime appointment.
The Constitution, in several places, states that the President can perform certain functions with the advise and consent of the Senate, but there was little clarity about what the word "advice" actually meant. Was the president to actually seek the advice of the Senate before he made appointments and decisions on treaties, or could he approach the Senate after a decision was made? If it was the latter, and Washington believed that it was, then the President would look elsewhere for advise, assuming such advice was necessary. Presidents can always make up their own minds if they choose. After an unsuccessful attempt to use the Senate as an advisory body, Washington began using the heads of his executive agencies for advise. His most important advisor was Alexander Hamilton, his Treasury Secretary. But his cabinet also included Thomas Jefferson his Secretary of State, so it was safe to say that the Washington woudl be able to get expert, efficient and effective advise from the people in his inner circle.
Since then the Cabinet has held a special distinction among the general public. When the president needs good advice, he meets with the cabinet. Since the cabinet has grown over history -- see the timeline above -- one assumes that the quality of the advise has actually increased. But this is not necessarily true. Since cabinet officials have to be confirmed by the Senate, Presidents have had to take into consideration whether appointees are likely to pass confirmation. A President may wish to have a close personal adviser head an executive department, making him or her part of the Cabinet. But that person may not have the background to do the job, or may have skeletons in their closet that can trip up the nomination. Presidents put potential nominees through a vetting process where they try to determine if something in a person's background may cause a scandal that could not only derail the nomination, but the President in a bad light. Cabinets are often put together in such a way that they allow a president to connect to the constituencies that elected him to office. If this is the case, then there is little certainly that cabinet officials will actually be loyal to the president's agenda. John Ehrlichman, Richard Nixon's domestic policy advisor, often complained that some Cabinet members had "married the natives" and were more supportive of the needs of the lower level employees of the executive agencies they headed, than the president. His complaint illustrates the fact that Cabinet officials are not just there to advise, but to oversee the operations of government agencies.
As an institution, the Cabinet as a whole does not have that much influence over the president. As a group they rarely meet, and many have little face time with the President since they often have offices far away from the White House. This is not necessarily true of what is called the "inner Cabinet," which is composed of the heads of the original three departments plus the Attorney General (who was made heasd of the Justice Department in 1870). They do tend to have close proximity with the President, but even they can be in conflict with other presidential advosors. As we will see below, two separate institutions have developed as additional, and more effective, sources of advise for the president. One is the Executive Office of the President, which is a collection of institutions that only make policy suggestions to the president and other relevant officials, the other -- and perhaps the most important source of advising to the president -- is the White House Staff, which is composed of individuals hired directly by the president and not subject to Senatorial confirmation. More on both of these two institutions below.
Though independent, the United States was a small player in global stage and would be until the early to mid 20th Century. In his farewell address, Washington famously pleaded that the United States remain neutral on the world stage.
Alexander Hamilton and the Expansion of Presidential Commercial Power.
Alexander Hamilton may have been the principle driving force on the national level in the early years of the Republic. As Treasury Secretary, a position he sought despite being counseled against it, he was in an unique position to set the course of America's financial future. When we covered the drafting of the Constitution we discussed Hamilton's role in calling the convention in order to address the confederacy's inability to handle commercial disputes between the states. In his opinion, the future of America was jeopardized by its lack of a national financial system that could provide a base for commercial growth and a security apparatus that could protect trade. As Treasury Secretary he was in a position to address the former.
His most noteworthy accomplishment was to present to Congress three reports on economic policy. The First Report on Public Credit was intended to solidify the country's financial system and establish its credit worthiness. Retiring the national debt, as well as the debt of the several states that still had war debt was central to this effort. This included the controversial proposal that securities that were bought at less than face value, still be redeemed at face value. This was necessary to establish the country's credit worthiness. Funds for future endeavors were available largely because of the trust the country built up due to Hamilton's proposal.
The Second Report on Public Credit suggested that a national bank be charter in order for the constitutionally delegated financial powers to be efficiently implemented. The resulting bank, the First National Bank, was partially owned by the government, but privately operated. It became the depositor of governmental funds. The bank proved controversial for two related reasons. Some, Jefferson primarily, argued that its establishement violated the strict limits of the Constitution, but Hamilton created the concept of implied powers to justify its creation under the Constitution. This doctrine, and an elastic reading of other parts of the Constitution, was necessary to justify many of the other expansions of national power that have occured over American history. The second conflict involved the propriety of the national government's establishment of an institution that could compete, probably unfairly, with state and private banks. As the powers of the states began to increase as the country grew westward, this fact would become increasingly politicized. We will cover it below when we discuss Andrew Jackson.
The report, the Report on Manufactures, urged the passage pf policies which would actively encourage the development of American industry. This included the use of limited tarrifs to protect newly formed companies, subsidies to further encourage growth, and the development of internal infrastructure to facilitate the transportation and communication necessary to foster commercial transactions. This group of policies became key features of the growing political landscape as the Federalist Party became identified as the party of commerce, which allowed the opposition to define themselves as the party of the agrarian classes. These policies would later become part of the platform of the Whig, and then Republican Parties and would provide the basis for American economic policymaking until the Great Depression and the rise of Keynesianism.
Thomas Jefferson's presidency presents a curious contradiction. Prior to becoming president he expounded upon the virtues of state and local governments and argued against the expansive interpretations of the Constitution promoted by Hamilton. As President however he continued some of the economic policies of the Federalists, including the continuation of the national bank and the use of tarrifs to support American industry. He was also responsible for using national power to facilitate westward expansion. This was primarily through the Louisiana Purchase and the funding of the Lewis and Clark Expedition.
The Louisiana Purchase was necessary, if for no other reason, because it allowed the United States to control the port of New Orleans. As long as it was controlled by France, commerce which flowed down the Mississippi could only head into the Gulf of Mexico with France's permission. as its turned out, Napoleon was in need of quick cash, due to rebellions in the Caribbean and his intent to invade Russia. Constitutionally, this created a problem because he needed the money so quickly, and was willing to sell to Great Britain if necessary, that the normal appropriation process had to be bypassed in order to make the deal. Once this was accomplished Lewis and Clark were sent on their expedition to map the territory.
Both events helped set the nation's continued course westward, a process that was later termed "manifest destiny," which was a term that held that the U.S. had practically a divine right to control all lands to the west. The terms was actully used to try to persuade American's to support the annexation of Texas and Oregon. Over the subsequent decades a variety of policies helped further westward expansion. The topic would dominate politics until the the late 19th Century when the Frontier was declared closed.
Andrew Jackson and the Rise of the States.
Prior to Andrew Jackson's presidency, presidents had only come from the original states, and actually only two: Virginia and Massachusetts. Being the First President from a western state, Tennessee (at least it was considered the west back then), Jackson brought with him the idea that states and local government should have more control over government than they had enjoyed previously. He was elected to office in 1828 after being denied the office in 1824 despite having been the plurality winner in both the popular and electoral college votes. He used this defeat to burnish his reputation as a common man and his opponents as members of a corrupt aristocracy. He used the spoils system, his personal ability to hire lower level members of the bureaucracy, to solidify his support with this constituency.
As president has sought to dismantle institutions which perpetuated elite privileges, most notably the national bank. The bank, he argued, benefitted the financial sector at the expense of the agriculture. He vetoed a bill to recharter the bank and revoked its monopoly as a depositor of government funds, placing funds in state and private banks instead. His Indian removal policy opened land in the South for more agricultural development. Perhaps most importantly he appointed Roger Taney Chief Justice of the Supreme Court upon the death of the last Federalist in public office, John Marshall. During Taney's long tenure in office he made many decisions which reinterpreted the Constitution in a way that strengthened the states. His most important decision, Scott v. Sandford which was decided well after Jackson's death, declared the Missouri Compromise unconstitutional, limiting the ability of the national government to regulate slavery.
Jackson was still a supporter of the Union, and the power of the national government however. A controversy brewed over tarriffs which benefitted northern industry at the expense of southern states. His Vice President John Calhoun claimed that any state could ignore, nullify, a national law which it felt conflicted its interests. Jackson disagreed and threatened to send federal troops to enforce the law if necessary.
Abraham Lincoln, Presidential War Powers and the Birth of Industrial America.
Lincoln's presidency was a turning point in American history. In addition to overseeing the Union victory in the Civil War, he reestablished the United States on its march towards being a commercial republic, and effectively reframed the constitutional order.
The Rise of Capitalism and the Push for Regulations.
The years following the Civil War were marked by significant industrial growth. This led to a change in American society which would have an impact on political competition. As industry grew, the agrarian sector shrank. Since industry was located in primarily in urban northern areas, its growth benefitted urban America at the expense of rural America. The growth of industry also led to the development of large limited liability corporations, many of which grew to become monopolies -- then called trusts -- which had complete control over a specific sector of the economy. Concern over the abuses that seemed to accompany trusts led to the passage of the Sherman and Clayton Anti Trust Acts, which allowed the national government to break apart trusts in the interest of fostering competition. The Interstate Commerce Commission was also established to deal especially with the railroad industry.
The distribution of patronage (jobs, contracts, licenses, favorable regulations, etc. . .) by the executive branch was one of the factors leading to the development of strong political parties. They also allowed the president to have strong control over the bureaucracy. This could be a problem if the purpose of the control was to ensure the continued political support of the bureaucracy and anyone else who could be persuaded or intimicated by bureaucratic officials.
Theodore Roosevelt and the Progressives.
Theodore Roosevelt was one of the more dynamic, if not in fact the single most dynamic, Presidents the country has had. Apart from his innate tendencies in this direction, he was president during an epoch where national, executive power in the service of certain social goals was most useful. This was the Progressive Era. Progressives argued that new sets of problems were facing the country due to industrialization and that only the national government was suited to address these problems. Roosevelt was well suited to carry the progressive torch by disposition and due to his approach to the Constitution. He famously saw himself as an active steward for the best interests of the country as he saw it, and choose to interpret the Constitution broadly in order to justify these activities.
A variety of agencies were created piece by piece during this era addressing various problems as they presented themselves
- The Food and Drug Administration
- The Federal Radio Commission
The Growth of Federal Law Enforcement.
Apart from a brief and cryptic mention of "domestic tranquility" in the Preamble, there is nothing in the Constitution about criminal law. These fall under the reserved powers of the states, as established in the 10th Amendment. But criminal activity is not simply intra-state, it crosses state borders easily. Interstate crime became increasingly common as technology made communication and transportation from state to state easier. What made this constitutional is the simple fact that interstate crime is also interstate commerce, which is clearly a power of the national government. States cannot regulate interstate commerce, so they cannot engage in interstate law enforcement. Though national law enforcement originally operated on the jurisdiction established in the Interstate Commerce Act, it gradually became part of the Justice Department.
The creation of the FBI was unusual. Congress, when it passed the Interstate Commerce Commission, established the authority for the federal government to become involved in national law enforcement, but it did not create an agency to do it. The FBI was created within the Jsutice Department to handle thsi responsibility. Congress simply did not object to the establishment of the agency.
Prior to the development of the Federal Reserve System, and actually not until certain rudimentary economic principles were discovered, the American financial system was laissez-faire and prone to booms and busts. Wild euphoric economic expansions would cause to factors which would lead to crashes. The recent housing bubble is an example of the type of this type of boom and bust cycle, which was very common from the establishment of the country through the Great Depression. One of these crises, the crash of 1907, was resolved only by the influence of J.P. Morgan, who as the most influential banker at the time. Future crises were unlikely to be dealt with in the future by similar influential individuals. In response, Congress passed a series of laws culminating in the Federal Reserve Act of 1913, which established the Federal Reserve System.
The Federal Reserve is, in essence, the central bank of the United States. Its clients are in essence the other major banks that you and I deal with. It has small range of things it can do, but these have a major impact on the health of the economic system. These all fall under the heading of monetary policy, and involve setting the value of money or providing access to it. The one we are most familiar with is setting the discount rate, which is the rate at which member banks are charged for borrowing money. Providing access to capital, being the lender of last resort, is simply to ensure that the country does not slip into another depression. Creative ways have been developed to provide funds for banks in order to prevent thsi from occurring, many have not been made public, which had led many to call for increased transparency in the Fed.
Until the 20th Century, the size of the national government was relatively small and most governmantal functions were performed at the state level. This began to change in the early years of the 20th Century, driven to a large degree by the Progressive Movement, and hit new heights with, first, the New Deal, and second, the Great Society. Prior to these increases however, new sources of funding were found for the national government. Previously tariffs and temporary income tax systems provided the funds for national policies, but the ratification of the 16th Amendment provided a new consistent source of funds. It also required a budgetting process that could keep track of the increased revenues and expenditures.
As long as the scope of the national government remained small, there was little reason to keep track of funds. This changed as revenues and expenditures increased. Several bills were introduced establishing and modifying the budgetary process in the legislative and executive branches. Congress has the final say on how much money and on what, but the executive branch initiates the process by proposing an initial budget to Congress. The Office of Management and Budget is responsible for putting the budget together. Naturally the head of this agency has emerged as one of the more important people in the White House.
The U.S. has been argued to have undergone two significant "constitutional revolutions" since the document was originally ratified. The first followed the end of the Civil War and the addition of three key amendments, the most important being the 14th Amendment. The national government stated that the citizens of the several states were also citizens of the United States and were entitled to the privileges and immunities established in the U.S. Constitution. This effectively, albeit slowly, made the national government a guardian of individual rights, much to the chagrin of the states. It marked a dramatic expansion of national power and an important shift in the relationship between the national and state governments.
So did the second constitutional revolution, the New Deal. The New Deal is the name we give to the variety of programs and agencies created by Franklin Roosevelt's Administration and the Democratic Congress following the election of 1932 and the deepening of the Great Depression. The Great Depression provided an impetus for the passage of legislation addressing the problems caused by that economic collapse. This entailed the use of national power as the mechanism to adress these problems. Over the course of several years, the national government claimed authority to regulate aspects of economic life that it had previously left to the marketplace. This included the sales of stocks and bonds and the sale of agricultural products. It also established new programs providing old age pensions and forcing corporations to recognize labor unions.
As with the first constitutional revolution, this marked a significant expansion of national power, but while the former was based on constitutional amendments, this revolution was due to simple redefinitions of constitutional language, notably the term commerce. After defining the term narrowly in previous cases, interpreting it to simply mean the sale of finished products, the terms was broadened to mean also manufacturing and labor. "Interstate Commerce" was also broadly defined to refer to amy commercial activity that has an impact on interstate commerce even if the specific transaction is purely intrastate.
This provided a constitutional basis for New Deal programs, and only took hold once supporters held on to the executive and legislative branches long enough to change the composition of the Supreme Court and ensure that its members would hold a broad understanding of the role of the national government. This is perhaps the most significant outcome of the New Deal. The programs passed into law were simply those that had been developed by the Progressives over time. The New Deal simply increased the scale of these programs and provided a constitutional (albeit loose) justification for those programs.
The expansion of the national power also expanded the power of the chief executive. After years of playing institutional second fiddle to the legislature, the executive began to take center stage in governmental affairs. Several factors led to this:
1. The establishment of executive agencies
2. The development of modern communications technologies
3. The increasing importance of issues which fell primarily to the executive
4. The personality of FDR.
The Brownlow Committee and the Executive Office of the Presidency.
By the late 1930s, and after the creation of a good handful of new agencies, the burden these new institutions created for the president became apparent. A commission, headed by Louis Brownlow was established to determine how the executive branch could be restructured to allow for more effective management of these new responsibilities. Not all the committee's recommendations were adopted, but one was. The Executive Office of the President was established in order to provide administrative, policy related support for the president.
Perhaps the most consequential restructuring of the executive branch in recent history was the establishment of a permanent military apparatus following the end of World War II. Before then, a military was created fresh whenever war was declared. Peacetime armies were resisted, partly due to age old fears that they would enable the executive to rule coercively. The creation of the Department of Defense changed this and created a peacetime military, including a sophisticated intelligence community.
Beginning in 1789, the military was comprised of separate departments (War, Army, and Navy). Other institutions were created from time to time, but they all existed within their own spheres. This made coordination difficult. The construction of the Pentagon was spurred by the need to enhance coordination at the beginning of World War II. The creation of the Department of Defense, with each of the separate military institutions as agencies with it, has led to a peacetime defense force that is around 25% of the U.S. budget.
An additional feature of militarization, though we generally do not think of it this way, is the creation of the interstate highway system. President Eisenhower was apparently impressed with the German autobahn which allowed the German army the ability to quickly move from one battelfield to another. As a lower ranking officer he was involved in a weeks long movement of troops across the country. These two experiences led him to push for the creation of an interstate highway system which not only allows for troop movement but helped spur the growth of the automobile industry, to say nothing of McDonald's and Stuckey's.
As was the New Deal, the Great Society was a collection of policies designed to address poverty. The difference was that while the New Deal focused on the poverty that occurred as a result of the Great Depression, the Great Society was focused on pervasive, permanent poverty. The term War on Poverty was used by President Johnson as way to sell his proposals. Many of the laws that were passed had been proposed by progressives in the early 20th Century, and some had been proposed during the original New Deal, but had not been feasible until the 1960s. Kennedy had proposed, though not pushed, some of this legislation, but after his assassination, Johnson was able to persuade Congress to pass a signifacant amount of these proposals into law. These indlude the following:
In the 30 years following the end of World War II, the US's status in the world increased significantly. This included involvement in two large armed conflict in Korea and Vietnam. Covert and diplomatic involvement also increased. What this meant for the presidency was that its role increased in relationship to Congress. As mentioned above, whenever foreign affairs dominates politics, the presidency becomes more important. This was argued by historian Arthur Schlesinger Jr. to have led to the development of an Imperial Presidency which claims powers far beyond what was originally intended in the constitution. He argued that this was a slow incremental process that reach its apex in the Presidencies of Johnson and Nixon.
The Reagan Revolution and the Contract with America.
The expansion of the federal government that had continued through the imperial presidency led to a reaction. The candidate who was best able to take advantage of anti-government sentiment was Ronald Reagan in 1980, and later Republican congressional candidates in 1994 who ran under Newt Gingrich's Contract with America.
The 1990s was an unusual time in American politics. We were not at war and the economy was booming. The need for presidential leadership was at a low point and commentators remarked on the disappearing power of the president. The beginning of this trend was the fall of communism in 1989. Though conflicts in Panama and Iraq did occur, the ongoing threat of nuclear attack ende with the demise of the Soviet Union. With it went the need for a commander in chief.
9/11, The Great Recession and the Re-establishment of Presidential Power.
Since the dawn of the 21st Century, the United States has suffered a terrorist attack -- and two armed conflicts related to it -- in addition to two recessions, one being the most severe since the Great Depression. Altogether these have led to the reemergence of presidential power, one that could potentially be as powerful as the imperial presidency.
1. Over the course of American history the size and power of the executive has increased substantially. Some argue that it has grown too fast, but others suggest that increased powers are neccesary considering the nature of existing technology and America's standing in the world. Review the readings above and provide critical commentary on that subject.
2. The Obama Administration reflects a significant shift in the nature of policymaking in the White House. Using your searching skills, I want you to detail one of these shifts. Find a policy set in the Bush Administration that has been changed in the Obama Administration and outline the process that led to that change.
3. One of the factors that has led to the increase of presidential and bureaucratic powers is the network of interests that develop between private interests and the public sector. The term most often used is an "iron triangle." It refers to the link between executive agencies, legislative committees, and interest groups that tend to perpetuate existing policies. Using the link above, try to identify an iron triangle that exists today and the relationships that keep it in place.
Due March 13th.
Lecture Students
Prepare for a multiple choice quiz later in the week. Quiz Questions for Online Students
Summer 2009
Answer each in at least 150 words.
1. The functions of the presidency have expanded considerably since the nation was first established. I want you to describe these changes by comparing the nature of the presidency of George Washington with that of Barack Obama. How has the institution changed over the 200+ years between these two men? How has the nature of the office, as well as out expectations of what presidents should do, changed as well?
2. This question builds off the one above. Two major periods of expansion of presidential power -- and federal power in general -- were the New Deal and the Great Society (see the links above). What specific expansions occured during each period, and factors drove them?
3. The presidency of Ronald Reagan can be best understood as being a reaction to the expansion of governmental power that had occurred during the previous few decades. How did he attempt to reduce the size of government? Was he successful?
4. As we know, one of the president's constitutional functions is to make proposals to Congress. This doesn't mean that Congress always complies. Obama has the advantage of working with a Congress controlled by his party, but conflict can still exist between the two branches. Using news sources, review the relationship between the Obama White House and Congress. Is Obama able to influence Congress? Is Congress acting independently of Obama? Giev examples.
The Executive: The Evolution of the Executive and its Current Organization
As with the legislative branch, the precise design of the executive branch is not detailed in the Constitution. Some argue--with reason--that today's executive branch bears little relationship to the one that existed when George Washington was president. From a small group of people with narrowly defined functions, the executive branch now has grown substantially and is composed of people who often have an aggressive vision of the role they should play in everyday life. This doesn't mean that there weren't individuals early on who wanted to expand the size of government. There were, notably Alexander Hamilton, if not the Federalists in general. They considered aggressive governmental involvement in the economy and land acquisition to be essential to fostering the prosperity of the country.
As this process has evolved, and occasional crises have occurred, the scope of governmental functions has expanded. To see an example of this, look at the nature of the institutions in the Washington Administration and compare it to the range of institutions that exist in the current administration. You might find this A-Z listing of agencies interesting, or maybe frightening depending on your political persuasion.
In this section we will trace the development of the executive branch as well as the development of the White House. The timeline below lists the major steps in the branch's evolution. As you can see, bit by bit the functions of the executive branch has expanded, largely due to the passage of laws which grant it new authority, generally in response to some event which led to a political push to grant it that authority. As the responsibilities of the office expanded, so did the pressures placed on the president, which led to the development of a larger White House staff that allows the president to manage these increased responsibilities. Despite attempts to constrict executive powers, its powers are still considerably greater than those granted to it in the early days of the republic.
Timeline:
1789: George Washington becomes first president.
1789: Department of War established.
1789: Department of the Navy established
1789: Department of Stateestablished.
1789: Department of Treasury established.
1789: First Attorney General appointed.
1791: First National Bank chartered. Charter expires in 1811.
1803: Thomas Jefferson completes the Louisiana Purchase.
1803: Jefferson also authorizes the Lewis and Clark expedition.
1816: Second National Bank chartered. Charter expires in 1836 and was not renewed.
1849: Department of the Interior established.
1857: White House Office established.
1861: Abraham Lincoln becomes president. Is generally regarded as being the greatest president.
1862: The Pacific Railways Act passed.
1862: Department of Agriculture established.
1862: The Homestead Act passed.
1863: National Banking Act passed.
1870: Department of Justice established.
1883: Civil Service Commission established.
1887: Interstate Commerce Commission established.
1906: Food and Drug Administration establised.
1908: Federal Bureau of Investigation established.
1913: Department of Commerce established.
1913: Federal Reserve System established.
1913: Department of Labor established.
1913: The 16th Amendment ratified and the income tax authorized.
1921: Bureau of the Budget established. Becomes the Office of Management and Budget in 1970.
1929: The First White House Press Secretary hired.
1933: Franklin Roosevelt becomes president. The New Deal begins.
1934: Federal Communication Commission established.
1934: Securities and Exchange Commission established.
1935: Social Security Administration created.
1937: The Brownlow Committee recommends reorganization of executive branch.
1939: Executive Office of the Presidency established.
1939: White House Office reorganized.
1946: First White House Chief of Staff hired.
1946: The Council of Economic Advisers established in the Employment Act of 1946.
1947: Military establishment consolidated in a Department of Defense, as authorized by the National Security Act.
1947: National Security Council established. First National Security Advisor appointed in 1953.
1947: United States Intelligence Community also established by the National Security Act.
1953: Department of Health, Education and Welfare established. In 1979, divided into Department of Health and Human Services and Department of Education.
1956: National Interstate and Defense Highway Act passed.
1964: The Great Society begins
1964: Civil Rights Act passed.
1964: Economic Opportunity Act passed.
1965: Elementary and Secondary Education Act passed.
1965: Medicare established.
1965: Medicaid established.
1966: Department of Transportation established
1970: Environmental Protection Agency established.
1977: Department of Energy established.
1981: Economic Recovery Tax Act passed.
1981: "Reagonomics" instituted in an attempt to roll back the size of the national government.
1988: Department of Veterans Affairs established.
1994: Republicans gain control of Congress running on the Contract with America.
1996: Welfare Reform -- the Personal Responsibility and Work Opportunity Act -- passed.
2003: Department of Homeland Security established.
Study Guide Questions:
Quiz Questions for Online Students
Fall 2009
Answer each in at least 150 words.
1. Today's national executive branch is much larger than what existed when Washington was president. Provide an account of the factors which led to the increase in its size and functions.
2. One of the more important functions performed by the national government is management of the nation's economy. Detail the evolution of this process beginning with Hamilton's proposals and through the creation of the Federal Reserve System. The Fed has been criticized recently over its handling of the economy and proposals have been made for it to change how it oversees the banking system. What are these proposals?
3. The New Deal and Great Society were two periods of major expansion of national power. Describe each period. What factors lead to them? What were the precise accomplishments of each period? What criticisms are made of each?
4. Since health care reform is still in the news, detail the current state of the national government's role in health care. What reforms are being proposed? Why?
Email your answers to me by the due date on the syllabus
The Expansion of the Executive Branch.
In the sections below I trace the evolution of executive power. This is a controversial topic since many argue, with good reason, that executive power in the United States has far surpassed what was originally intended by the authors of the Constitution. The idea that the powers of Congress are limited to only those delegated to it in the Constitution, plus the requirement that executives faithfully execute the laws, suggests that presidents can only do those things that it has been granted to do either in the text of the Constitution, or by congressional mandate. But as we have seen, there is some slipperiness in the language. An early proponent of strong executive power, Alexander Hamilton, argued for loose interpretations of the Constitution and the notion that the document implies that certain things can be done, even if specific language does not grant that power.
Steps in the growth of executive power:
- The Chief Clerk
- The Modern President
- An Imperial President
- The Post Modern President
- Post 9/11 ?
Mechanism for Presidential Power:
- A Bureaucratic Apparatus
- An advising system
- Media Technology
A Bureaucratic Apparatus
- Cabinet departments
- Bureaus
- Independent Agencies
- Government Corporations
A Key Source of Bureaucratic Power: Rulemaking
- How much discretion should the executive branch have in implementing the law?
Advising Systems:
- The Cabinet
- The Executive Office of the Presidency
- The White House Staff
Which are the strongest advisers to the president? Why?
Media Technology
- The Bully Pulpit
- The Fire Side Chats
- Television
- Communications Directors
- The Blogosphere
George Washington and the Early Executive
Aside from providing a model for the design of the singular executive as the presiding officer of the Constitional Convention, Washington was fully expected to be the first person to hold the office. After his unanimous selection by the electoral college, he had to determine what in fact a president was to do and what the protocol would be for the office. He oversaw the creation of the first three executive departments (War, State and Treasury), in addition to the establishment of the office of the Postmaster General and the Attorney General, and the addition of the Bill of Rights to the Constitution.
Since he was the first president he would set the precedence for how all other presidents woulc conduct themsleves in the office. Perhaps the most important precedent was the one established when he decided to step down after two terms in order to make it clear that the office was not a lifetime appointment.
- POTUS: George Washington.
Presidential Advising: The Birth of the Cabinet.
The Constitution, in several places, states that the President can perform certain functions with the advise and consent of the Senate, but there was little clarity about what the word "advice" actually meant. Was the president to actually seek the advice of the Senate before he made appointments and decisions on treaties, or could he approach the Senate after a decision was made? If it was the latter, and Washington believed that it was, then the President would look elsewhere for advise, assuming such advice was necessary. Presidents can always make up their own minds if they choose. After an unsuccessful attempt to use the Senate as an advisory body, Washington began using the heads of his executive agencies for advise. His most important advisor was Alexander Hamilton, his Treasury Secretary. But his cabinet also included Thomas Jefferson his Secretary of State, so it was safe to say that the Washington woudl be able to get expert, efficient and effective advise from the people in his inner circle.
Since then the Cabinet has held a special distinction among the general public. When the president needs good advice, he meets with the cabinet. Since the cabinet has grown over history -- see the timeline above -- one assumes that the quality of the advise has actually increased. But this is not necessarily true. Since cabinet officials have to be confirmed by the Senate, Presidents have had to take into consideration whether appointees are likely to pass confirmation. A President may wish to have a close personal adviser head an executive department, making him or her part of the Cabinet. But that person may not have the background to do the job, or may have skeletons in their closet that can trip up the nomination. Presidents put potential nominees through a vetting process where they try to determine if something in a person's background may cause a scandal that could not only derail the nomination, but the President in a bad light. Cabinets are often put together in such a way that they allow a president to connect to the constituencies that elected him to office. If this is the case, then there is little certainly that cabinet officials will actually be loyal to the president's agenda. John Ehrlichman, Richard Nixon's domestic policy advisor, often complained that some Cabinet members had "married the natives" and were more supportive of the needs of the lower level employees of the executive agencies they headed, than the president. His complaint illustrates the fact that Cabinet officials are not just there to advise, but to oversee the operations of government agencies.
As an institution, the Cabinet as a whole does not have that much influence over the president. As a group they rarely meet, and many have little face time with the President since they often have offices far away from the White House. This is not necessarily true of what is called the "inner Cabinet," which is composed of the heads of the original three departments plus the Attorney General (who was made heasd of the Justice Department in 1870). They do tend to have close proximity with the President, but even they can be in conflict with other presidential advosors. As we will see below, two separate institutions have developed as additional, and more effective, sources of advise for the president. One is the Executive Office of the President, which is a collection of institutions that only make policy suggestions to the president and other relevant officials, the other -- and perhaps the most important source of advising to the president -- is the White House Staff, which is composed of individuals hired directly by the president and not subject to Senatorial confirmation. More on both of these two institutions below.
- Senate.gov: The First Cabinet Nomination.
- Senate.gov: Nominations.
- [[http://www.fff.org/freedom/1095f.aspReturning to a Constitutional Cabinet|Returning to a Constitutional Cabinet]].
Neutrality.
Though independent, the United States was a small player in global stage and would be until the early to mid 20th Century. In his farewell address, Washington famously pleaded that the United States remain neutral on the world stage.
- Wikipedia: The Barbary Wars.
Alexander Hamilton and the Expansion of Presidential Commercial Power.
Alexander Hamilton may have been the principle driving force on the national level in the early years of the Republic. As Treasury Secretary, a position he sought despite being counseled against it, he was in an unique position to set the course of America's financial future. When we covered the drafting of the Constitution we discussed Hamilton's role in calling the convention in order to address the confederacy's inability to handle commercial disputes between the states. In his opinion, the future of America was jeopardized by its lack of a national financial system that could provide a base for commercial growth and a security apparatus that could protect trade. As Treasury Secretary he was in a position to address the former.
His most noteworthy accomplishment was to present to Congress three reports on economic policy. The First Report on Public Credit was intended to solidify the country's financial system and establish its credit worthiness. Retiring the national debt, as well as the debt of the several states that still had war debt was central to this effort. This included the controversial proposal that securities that were bought at less than face value, still be redeemed at face value. This was necessary to establish the country's credit worthiness. Funds for future endeavors were available largely because of the trust the country built up due to Hamilton's proposal.
The Second Report on Public Credit suggested that a national bank be charter in order for the constitutionally delegated financial powers to be efficiently implemented. The resulting bank, the First National Bank, was partially owned by the government, but privately operated. It became the depositor of governmental funds. The bank proved controversial for two related reasons. Some, Jefferson primarily, argued that its establishement violated the strict limits of the Constitution, but Hamilton created the concept of implied powers to justify its creation under the Constitution. This doctrine, and an elastic reading of other parts of the Constitution, was necessary to justify many of the other expansions of national power that have occured over American history. The second conflict involved the propriety of the national government's establishment of an institution that could compete, probably unfairly, with state and private banks. As the powers of the states began to increase as the country grew westward, this fact would become increasingly politicized. We will cover it below when we discuss Andrew Jackson.
The report, the Report on Manufactures, urged the passage pf policies which would actively encourage the development of American industry. This included the use of limited tarrifs to protect newly formed companies, subsidies to further encourage growth, and the development of internal infrastructure to facilitate the transportation and communication necessary to foster commercial transactions. This group of policies became key features of the growing political landscape as the Federalist Party became identified as the party of commerce, which allowed the opposition to define themselves as the party of the agrarian classes. These policies would later become part of the platform of the Whig, and then Republican Parties and would provide the basis for American economic policymaking until the Great Depression and the rise of Keynesianism.
- Wikipedia: The American School of Economics.
- Wikipedia: The American Plan.
- Wikipedia: Economic History of the United States.
Thomas Jefferson and Manifest Destiny.
Thomas Jefferson's presidency presents a curious contradiction. Prior to becoming president he expounded upon the virtues of state and local governments and argued against the expansive interpretations of the Constitution promoted by Hamilton. As President however he continued some of the economic policies of the Federalists, including the continuation of the national bank and the use of tarrifs to support American industry. He was also responsible for using national power to facilitate westward expansion. This was primarily through the Louisiana Purchase and the funding of the Lewis and Clark Expedition.
The Louisiana Purchase was necessary, if for no other reason, because it allowed the United States to control the port of New Orleans. As long as it was controlled by France, commerce which flowed down the Mississippi could only head into the Gulf of Mexico with France's permission. as its turned out, Napoleon was in need of quick cash, due to rebellions in the Caribbean and his intent to invade Russia. Constitutionally, this created a problem because he needed the money so quickly, and was willing to sell to Great Britain if necessary, that the normal appropriation process had to be bypassed in order to make the deal. Once this was accomplished Lewis and Clark were sent on their expedition to map the territory.
Both events helped set the nation's continued course westward, a process that was later termed "manifest destiny," which was a term that held that the U.S. had practically a divine right to control all lands to the west. The terms was actully used to try to persuade American's to support the annexation of Texas and Oregon. Over the subsequent decades a variety of policies helped further westward expansion. The topic would dominate politics until the the late 19th Century when the Frontier was declared closed.
Andrew Jackson and the Rise of the States.
Prior to Andrew Jackson's presidency, presidents had only come from the original states, and actually only two: Virginia and Massachusetts. Being the First President from a western state, Tennessee (at least it was considered the west back then), Jackson brought with him the idea that states and local government should have more control over government than they had enjoyed previously. He was elected to office in 1828 after being denied the office in 1824 despite having been the plurality winner in both the popular and electoral college votes. He used this defeat to burnish his reputation as a common man and his opponents as members of a corrupt aristocracy. He used the spoils system, his personal ability to hire lower level members of the bureaucracy, to solidify his support with this constituency.
As president has sought to dismantle institutions which perpetuated elite privileges, most notably the national bank. The bank, he argued, benefitted the financial sector at the expense of the agriculture. He vetoed a bill to recharter the bank and revoked its monopoly as a depositor of government funds, placing funds in state and private banks instead. His Indian removal policy opened land in the South for more agricultural development. Perhaps most importantly he appointed Roger Taney Chief Justice of the Supreme Court upon the death of the last Federalist in public office, John Marshall. During Taney's long tenure in office he made many decisions which reinterpreted the Constitution in a way that strengthened the states. His most important decision, Scott v. Sandford which was decided well after Jackson's death, declared the Missouri Compromise unconstitutional, limiting the ability of the national government to regulate slavery.
Jackson was still a supporter of the Union, and the power of the national government however. A controversy brewed over tarriffs which benefitted northern industry at the expense of southern states. His Vice President John Calhoun claimed that any state could ignore, nullify, a national law which it felt conflicted its interests. Jackson disagreed and threatened to send federal troops to enforce the law if necessary.
Abraham Lincoln, Presidential War Powers and the Birth of Industrial America.
Lincoln's presidency was a turning point in American history. In addition to overseeing the Union victory in the Civil War, he reestablished the United States on its march towards being a commercial republic, and effectively reframed the constitutional order.
The Rise of Capitalism and the Push for Regulations.
The years following the Civil War were marked by significant industrial growth. This led to a change in American society which would have an impact on political competition. As industry grew, the agrarian sector shrank. Since industry was located in primarily in urban northern areas, its growth benefitted urban America at the expense of rural America. The growth of industry also led to the development of large limited liability corporations, many of which grew to become monopolies -- then called trusts -- which had complete control over a specific sector of the economy. Concern over the abuses that seemed to accompany trusts led to the passage of the Sherman and Clayton Anti Trust Acts, which allowed the national government to break apart trusts in the interest of fostering competition. The Interstate Commerce Commission was also established to deal especially with the railroad industry.
- Wikipedia: The Interstate Commerce Act.
Civil Service Reform.
The distribution of patronage (jobs, contracts, licenses, favorable regulations, etc. . .) by the executive branch was one of the factors leading to the development of strong political parties. They also allowed the president to have strong control over the bureaucracy. This could be a problem if the purpose of the control was to ensure the continued political support of the bureaucracy and anyone else who could be persuaded or intimicated by bureaucratic officials.
Theodore Roosevelt and the Progressives.
Theodore Roosevelt was one of the more dynamic, if not in fact the single most dynamic, Presidents the country has had. Apart from his innate tendencies in this direction, he was president during an epoch where national, executive power in the service of certain social goals was most useful. This was the Progressive Era. Progressives argued that new sets of problems were facing the country due to industrialization and that only the national government was suited to address these problems. Roosevelt was well suited to carry the progressive torch by disposition and due to his approach to the Constitution. He famously saw himself as an active steward for the best interests of the country as he saw it, and choose to interpret the Constitution broadly in order to justify these activities.
A variety of agencies were created piece by piece during this era addressing various problems as they presented themselves
- The Food and Drug Administration
- The Federal Radio Commission
The Growth of Federal Law Enforcement.
Apart from a brief and cryptic mention of "domestic tranquility" in the Preamble, there is nothing in the Constitution about criminal law. These fall under the reserved powers of the states, as established in the 10th Amendment. But criminal activity is not simply intra-state, it crosses state borders easily. Interstate crime became increasingly common as technology made communication and transportation from state to state easier. What made this constitutional is the simple fact that interstate crime is also interstate commerce, which is clearly a power of the national government. States cannot regulate interstate commerce, so they cannot engage in interstate law enforcement. Though national law enforcement originally operated on the jurisdiction established in the Interstate Commerce Act, it gradually became part of the Justice Department.
The creation of the FBI was unusual. Congress, when it passed the Interstate Commerce Commission, established the authority for the federal government to become involved in national law enforcement, but it did not create an agency to do it. The FBI was created within the Jsutice Department to handle thsi responsibility. Congress simply did not object to the establishment of the agency.
- The FBI: A Centennial History 1980- 2008.
- HomePage: The Federal Bureau of Investigation.
- Wikipedia: The Federal Bureau of Investigation.
- Wikipedia: J.Edgar Hoover.
The Crash of 1907 and the Federal Reserve System.
Prior to the development of the Federal Reserve System, and actually not until certain rudimentary economic principles were discovered, the American financial system was laissez-faire and prone to booms and busts. Wild euphoric economic expansions would cause to factors which would lead to crashes. The recent housing bubble is an example of the type of this type of boom and bust cycle, which was very common from the establishment of the country through the Great Depression. One of these crises, the crash of 1907, was resolved only by the influence of J.P. Morgan, who as the most influential banker at the time. Future crises were unlikely to be dealt with in the future by similar influential individuals. In response, Congress passed a series of laws culminating in the Federal Reserve Act of 1913, which established the Federal Reserve System.
The Federal Reserve is, in essence, the central bank of the United States. Its clients are in essence the other major banks that you and I deal with. It has small range of things it can do, but these have a major impact on the health of the economic system. These all fall under the heading of monetary policy, and involve setting the value of money or providing access to it. The one we are most familiar with is setting the discount rate, which is the rate at which member banks are charged for borrowing money. Providing access to capital, being the lender of last resort, is simply to ensure that the country does not slip into another depression. Creative ways have been developed to provide funds for banks in order to prevent thsi from occurring, many have not been made public, which had led many to call for increased transparency in the Fed.
- The Structure of the Federal Reserve System.
- Wikipedia: The Federal Reserve System.
- Wikipedia: The History of the Federal Reserve System.
The 16th Amendment and the Budgeting Process.
Until the 20th Century, the size of the national government was relatively small and most governmantal functions were performed at the state level. This began to change in the early years of the 20th Century, driven to a large degree by the Progressive Movement, and hit new heights with, first, the New Deal, and second, the Great Society. Prior to these increases however, new sources of funding were found for the national government. Previously tariffs and temporary income tax systems provided the funds for national policies, but the ratification of the 16th Amendment provided a new consistent source of funds. It also required a budgetting process that could keep track of the increased revenues and expenditures.
As long as the scope of the national government remained small, there was little reason to keep track of funds. This changed as revenues and expenditures increased. Several bills were introduced establishing and modifying the budgetary process in the legislative and executive branches. Congress has the final say on how much money and on what, but the executive branch initiates the process by proposing an initial budget to Congress. The Office of Management and Budget is responsible for putting the budget together. Naturally the head of this agency has emerged as one of the more important people in the White House.
- Wikipedia: The Sixteenth Amendment.
- Website: The Office of Management and Budget.
- Wikipedia: The Office of Management and Budget.
The Great Depression and the New Deal.
The U.S. has been argued to have undergone two significant "constitutional revolutions" since the document was originally ratified. The first followed the end of the Civil War and the addition of three key amendments, the most important being the 14th Amendment. The national government stated that the citizens of the several states were also citizens of the United States and were entitled to the privileges and immunities established in the U.S. Constitution. This effectively, albeit slowly, made the national government a guardian of individual rights, much to the chagrin of the states. It marked a dramatic expansion of national power and an important shift in the relationship between the national and state governments.
So did the second constitutional revolution, the New Deal. The New Deal is the name we give to the variety of programs and agencies created by Franklin Roosevelt's Administration and the Democratic Congress following the election of 1932 and the deepening of the Great Depression. The Great Depression provided an impetus for the passage of legislation addressing the problems caused by that economic collapse. This entailed the use of national power as the mechanism to adress these problems. Over the course of several years, the national government claimed authority to regulate aspects of economic life that it had previously left to the marketplace. This included the sales of stocks and bonds and the sale of agricultural products. It also established new programs providing old age pensions and forcing corporations to recognize labor unions.
As with the first constitutional revolution, this marked a significant expansion of national power, but while the former was based on constitutional amendments, this revolution was due to simple redefinitions of constitutional language, notably the term commerce. After defining the term narrowly in previous cases, interpreting it to simply mean the sale of finished products, the terms was broadened to mean also manufacturing and labor. "Interstate Commerce" was also broadly defined to refer to amy commercial activity that has an impact on interstate commerce even if the specific transaction is purely intrastate.
This provided a constitutional basis for New Deal programs, and only took hold once supporters held on to the executive and legislative branches long enough to change the composition of the Supreme Court and ensure that its members would hold a broad understanding of the role of the national government. This is perhaps the most significant outcome of the New Deal. The programs passed into law were simply those that had been developed by the Progressives over time. The New Deal simply increased the scale of these programs and provided a constitutional (albeit loose) justification for those programs.
- Wikipedia: The New Deal.
- Wikipedia: The Great Depression.
The Birth of the Modern Presidency.
The expansion of the national power also expanded the power of the chief executive. After years of playing institutional second fiddle to the legislature, the executive began to take center stage in governmental affairs. Several factors led to this:
1. The establishment of executive agencies
2. The development of modern communications technologies
3. The increasing importance of issues which fell primarily to the executive
4. The personality of FDR.
- The Roosevelts and the Modern President.
- Answers.com: Modern Presidency.
- FDR and the Modern Presidency.
The Brownlow Committee and the Executive Office of the Presidency.
By the late 1930s, and after the creation of a good handful of new agencies, the burden these new institutions created for the president became apparent. A commission, headed by Louis Brownlow was established to determine how the executive branch could be restructured to allow for more effective management of these new responsibilities. Not all the committee's recommendations were adopted, but one was. The Executive Office of the President was established in order to provide administrative, policy related support for the president.
- Wikipedia: The Brownlow Committee.
- Website: Executive Office of the President.
- Wikipedia: Executive Office of the President.
- Wikipedia: National Security Council.
The Establishment of the Department of Defense.
Perhaps the most consequential restructuring of the executive branch in recent history was the establishment of a permanent military apparatus following the end of World War II. Before then, a military was created fresh whenever war was declared. Peacetime armies were resisted, partly due to age old fears that they would enable the executive to rule coercively. The creation of the Department of Defense changed this and created a peacetime military, including a sophisticated intelligence community.
Beginning in 1789, the military was comprised of separate departments (War, Army, and Navy). Other institutions were created from time to time, but they all existed within their own spheres. This made coordination difficult. The construction of the Pentagon was spurred by the need to enhance coordination at the beginning of World War II. The creation of the Department of Defense, with each of the separate military institutions as agencies with it, has led to a peacetime defense force that is around 25% of the U.S. budget.
- Website: Department of Defense.
- Wikipedia: Department of Defense.
- Website: U.S. Intelligence Community.
- Wikipedia: U.S. Intelligence Community.
An additional feature of militarization, though we generally do not think of it this way, is the creation of the interstate highway system. President Eisenhower was apparently impressed with the German autobahn which allowed the German army the ability to quickly move from one battelfield to another. As a lower ranking officer he was involved in a weeks long movement of troops across the country. These two experiences led him to push for the creation of an interstate highway system which not only allows for troop movement but helped spur the growth of the automobile industry, to say nothing of McDonald's and Stuckey's.
- Wikipedia: Interstate Highway System.
The Great Society and the War on Poverty.
As was the New Deal, the Great Society was a collection of policies designed to address poverty. The difference was that while the New Deal focused on the poverty that occurred as a result of the Great Depression, the Great Society was focused on pervasive, permanent poverty. The term War on Poverty was used by President Johnson as way to sell his proposals. Many of the laws that were passed had been proposed by progressives in the early 20th Century, and some had been proposed during the original New Deal, but had not been feasible until the 1960s. Kennedy had proposed, though not pushed, some of this legislation, but after his assassination, Johnson was able to persuade Congress to pass a signifacant amount of these proposals into law. These indlude the following:
- Civil Rights Act of 1964.
- Economic Opportunity Act of 1964.
- Voting Rights Act of 1965.
- Elementary and Secondary Education Act.
- Higher Education Act of 1965.
- Head Start.
- Medicare.
- Medicaid.
The Imperial Presidency.
In the 30 years following the end of World War II, the US's status in the world increased significantly. This included involvement in two large armed conflict in Korea and Vietnam. Covert and diplomatic involvement also increased. What this meant for the presidency was that its role increased in relationship to Congress. As mentioned above, whenever foreign affairs dominates politics, the presidency becomes more important. This was argued by historian Arthur Schlesinger Jr. to have led to the development of an Imperial Presidency which claims powers far beyond what was originally intended in the constitution. He argued that this was a slow incremental process that reach its apex in the Presidencies of Johnson and Nixon.
- About.com: Imperial Presidency 101.
- Findlaw.com: The U.S. Supreme Court and the Imperial President.
The Reagan Revolution and the Contract with America.
The expansion of the federal government that had continued through the imperial presidency led to a reaction. The candidate who was best able to take advantage of anti-government sentiment was Ronald Reagan in 1980, and later Republican congressional candidates in 1994 who ran under Newt Gingrich's Contract with America.
- Wikipedia: Ronald Reagan.
- Wikipedia: Contract with America.
The Post Modern Presidency.
The 1990s was an unusual time in American politics. We were not at war and the economy was booming. The need for presidential leadership was at a low point and commentators remarked on the disappearing power of the president. The beginning of this trend was the fall of communism in 1989. Though conflicts in Panama and Iraq did occur, the ongoing threat of nuclear attack ende with the demise of the Soviet Union. With it went the need for a commander in chief.
- foreign policy unimportant
- economy growing
- domestic policy dominant
- governors increasingly competitive
- Answers.com: Postmodern Presidency.
- Atliantic.com: The First Postmoden President.
- Washington Monthly: The Post-Modern Presidency.
9/11, The Great Recession and the Re-establishment of Presidential Power.
Since the dawn of the 21st Century, the United States has suffered a terrorist attack -- and two armed conflicts related to it -- in addition to two recessions, one being the most severe since the Great Depression. Altogether these have led to the reemergence of presidential power, one that could potentially be as powerful as the imperial presidency.
Sources:
- whitehouse.gov.
- presidentusa.net.
- usa.gov.
- C-Span: American Presidents - Life Portraits.
- Wikipedia: The Cabinet.
- Wikipedia: List of Federal Agencies.
- The White House Staff.
- Rahm Emanuel.
- Wikipedia: White House Chief of Staff.
- Wikipedia: Executive Office of the President.
- Wikipedia: Bureaucracy
- Wikipedia: Regulation.
- Wikipedia: Iron Triangles.
- Wikipedia: Governor.
- Office of the Governor of Texas.
- Wikipedia: List of Governors of Texas.
- Wikipedia: Rick Perry.
- Mayor of Houston.
Terminology:
- Unitary Executive Theory.
- Inherent Powers
- Commander in Chief Powers
- Plenary Powers
- Independent Counsel Act. (Morrison v. Olson).
- Line Item Veto (Clinton v. City of New York).
- Presidential Signing Statements.
- Torture.
- Foreign Intelligence Surveillance Act.
- New Deal.
- National Security Act
- Great Society
- White House Chief of Staff
- bureaucracy.
- executive privilege.
- United States v. Nixon
- Federal Advisory Committee Act
- Habeas Corpus
Asrong 2009 Assignments:
Internet Students:
At Least 150 words on each of the following:
1. Over the course of American history the size and power of the executive has increased substantially. Some argue that it has grown too fast, but others suggest that increased powers are neccesary considering the nature of existing technology and America's standing in the world. Review the readings above and provide critical commentary on that subject.
2. The Obama Administration reflects a significant shift in the nature of policymaking in the White House. Using your searching skills, I want you to detail one of these shifts. Find a policy set in the Bush Administration that has been changed in the Obama Administration and outline the process that led to that change.
3. One of the factors that has led to the increase of presidential and bureaucratic powers is the network of interests that develop between private interests and the public sector. The term most often used is an "iron triangle." It refers to the link between executive agencies, legislative committees, and interest groups that tend to perpetuate existing policies. Using the link above, try to identify an iron triangle that exists today and the relationships that keep it in place.
Due March 13th.
Lecture Students
Prepare for a multiple choice quiz later in the week.
Quiz Questions for Online Students
Summer 2009
Answer each in at least 150 words.
1. The functions of the presidency have expanded considerably since the nation was first established. I want you to describe these changes by comparing the nature of the presidency of George Washington with that of Barack Obama. How has the institution changed over the 200+ years between these two men? How has the nature of the office, as well as out expectations of what presidents should do, changed as well?
2. This question builds off the one above. Two major periods of expansion of presidential power -- and federal power in general -- were the New Deal and the Great Society (see the links above). What specific expansions occured during each period, and factors drove them?
3. The presidency of Ronald Reagan can be best understood as being a reaction to the expansion of governmental power that had occurred during the previous few decades. How did he attempt to reduce the size of government? Was he successful?
4. As we know, one of the president's constitutional functions is to make proposals to Congress. This doesn't mean that Congress always complies. Obama has the advantage of working with a Congress controlled by his party, but conflict can still exist between the two branches. Using news sources, review the relationship between the Obama White House and Congress. Is Obama able to influence Congress? Is Congress acting independently of Obama? Giev examples.
Email your answers to me by midnight July 26